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Jury selection to begin in Waite trial

UPDATE - 5:15PM - Eight jurors were selected on Tuesday in Warren County Court, according to the Court Clerk.  Jury selection will continue on Wednesday morning.

QUEENSBURY -- Jury selection is set to get underway Tuesday in the trial of a Glens Falls man charged in the death of his 15-month-old son.

Gary Waite is facing counts of murder and manslaughter. The DA's office says he showed a depraved indifference to human life in the hours after Jesse smith suffered a severe head injury in February of 2012.

Waite told police the child was crying, and when he wouldn't stop, he threw his son on the sofa, and that's when his son bounced off and hit his head on the hardwood floor.

Jesse Smith died two days later at Albany Medical Center. Prosecutors say the injuries are not consistent with the story told by Waite.
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